A vibrant judiciary can only perform to its optimum level if the employees who assist in the administration of justice are not dissatisfied, the Bench said.
Calcutta High Court has observed that the demands of High Court employees seeking implementation of recommendations of the Special Pay Commission, is ‘reasonable’ and ‘justified’.
The Division Bench of Calcutta High Court dismissed an appeal by the State against a Single Bench order wherein, the state was directed to reconsider the recommendations of the judicial members of the Special Pay Commission in an effective and meaningful manner with consultations with the Chief Justice.
The Bench said “the learned single Judge has not issued a writ of mandamus directing the State to accept the recommendations made by the judicial members of the Special Pay Commission. Instead, the learned single Judge has directed that these recommendations should form the basis of further dialogue between the Hon'ble Chief Justice and the State in order to formulate the rates fixing the pay- scales of the High Court employees.”
The Court also added:“it is not for us to issue a writ of mandamus under Article 226 of the Constitution, directing the payment, however strongly we feel that the High Court employees' demands are justified and that the State should accept the same…. However, ultimately this demand can be granted only through negotiations and with the rules being framed by the Hon'ble Chief Justice for approval of the Governor of the State. We are sure that wiser counsel will prevail and all concerned would strive to ensure that the travails of the High Court employees cease and their demands are met as expeditiously as possible...”
The Bench further remarked: “The employees would hardly be expected to give good service to the institution if they are not motivated enough by payment of adequate salaries. Employees of many of the High Courts in the country are drawing a higher gross salary than the employees of the Calcutta High Court.A vibrant judiciary can only perform to its optimum level if the employees who assist in the administration of justice are not dissatisfied. Their expectation to be paid salary at a reasonable level, in tune with the employees of other High Courts is justified. “
Read the Judgment here.